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McCall, Martha B vs John G. McCall, 1843 - Petition for Divorce & Alimony 

Transcribed by Jan Johnson Barnes

©2000

 

 

TSL&A Microfilm #50

Sumner County Clerk Minutes

February 1843-June 1846

 

These proceedings were recorded on June 22, 1843.

Page 41

Martha B. McCall vs. John G. McCall Petition for Divorce & Alimony

Be it remembered that at the present Term of this Court on the 21st day of June 1843 this cause coming on to be heard before the Honb'le Thomas Maney Judge & upon the Petition of Martha B. McCall and the proof in the cause when it appearing to the Court that the Petition in this cause was filed in the Office of the Clerk of this Court and subpoena issued and was placed in the hands of the Sheriff of Sumner County more than three months before the Term to which it was returnable and the same being taken for confessed and set down for hearing Exparte at the present Term. It also appearing to the Court that the Petitioner was an actual resident of this State for more than two years before the filing of her Petition and it being seen from the proof in the cause that the said John G. McCall has been guilty of acts and Deeds inconsistent with the matrimonial vows by willful and malicious desertion of the Petitioner for more than two whole Years before the institution of this suit without a reasonable cause. It further appears to the court that there are seven negroes in the hands of John B. Pitman the Guardian of the Petitioner as yet undivided in which the Petitioner is entitled to a distributive share of one seventh and also that the Petitioner is entitled to a further portion under her father and Grandfathers wills and that none of said Estate has been reduced into possession of the said John G. McCall. It is therefore in view of the premises ordered adjudged and Decreed by the Court that the Bonds of matrimony existing between the said Martha B. & John G. McCall be forever dissolved.

 

It is further ordered by the Court that the distributive share of the said Martha B. in said shares and her entire portion of her father & Grandfathers Estates be settled on her and her heirs foreever by way of alimony freed from the control and interference of the said John G. McCAll in any way whatever. It is further ordered and Decreed that the plaintiff pay all the costs of this cause in the

Page 43

first instance and she have judgment over against the said John G. McCall and that Execution issue.

 


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